Brain Injured has Big Win Against Recalcitrant Insurance Company

- June, 2016

After a Thruway crash, a major insurance company refused to acknowledge a mild traumatic brain injury widely recognized among treating healthcare providers.

Gary Moss is an active, generous and giving man. As manager of a carpet store, he sometimes worked 60 hours per week, enjoyed managing and training salespeople, resolving customer concerns and is very active in his community. Most important to him is giving to his community, including helping raise funds for children in need.

Following the crash Mr. Moss had difficulty organizing thoughts, short-term memory loss, difficulty finding words and speaking, and missed appointments. He struggled to keep his job and attended therapy for physical and cognitive losses to get back to pre-collision status. His personal lawyer suggested he contact Buffalo personal injury attorney John Feroleto.

For years, the insurance company outright denied the injury to Gary Moss. John Feroleto and the staff at Feroleto Law were able to assemble substantial evidence, including treating doctors’ findings, neuropsychological test results and other medical records substantiating the harm done to Mr. Moss.

Shortly before trial, the insurance company agreed to a binding arbitration. The insurance company maintained its legal position that it did not have to compensate Mr. Moss for the harms and losses to him. In addition to the medical evidence, Gary‘s forthright and sincere testimony allowed the arbitrators to understand the harms to him and his losses. Before the crash he had great joy and satisfaction helping organize events to help disadvantaged children in the community.

In his business he took great pride in training young sales associates to always be a friend to the store’s clients and treat them like family. He was a mentor both at work and in the community. Following the crash he was very often painfully absent in the community. Instead of being the mentor at work, others were covering for him.
The arbitration panel recognized what the insurance company would not and found the harms and losses to Mr. Moss were in the substantial six-figure range.